Gunman sues bar because he wasn't searched for weapons and was shot

[RamboLiberal]

Now there's a frivolous lawsuit. :nopity:

A federal judge in Pittsburgh has dismissed a lawsuit filed by a bar patron who claims he and another customer should have been searched for weapons before they shot one another in February.

Forty-two-year-old Thomas Galloway, of Arnold, filed the lawsuit last month seeking $20,000 for medical bills, "mental anxiety" and other alleged damages stemming from the Feb. 5 shooting at Envy bar in New Kensington.

Mr. Galloway sued, claiming the bar and its owner were negligent for not searching patrons for weapons. Mr. Galloway claims he and the other man were both carrying guns. Mr. Galloway says he spent five days recovering in a hospital.



Read more: http://www.post-gazette.com/pg/10361/1113802-100.stm#ixzz19eAHFNKI

[spin]

1. If Janet Napolitano hears about this ...

we'll have body scanners and body searches in every bar.

[benEzra]

2. Maybe the guy should have searched himself for weapons... (n/t)

[PavePusher]

3. Or a brain.... n/t

[oneshooter]

4. Come on now! The bar owner is responsible for the safety of his patrons.

This means that if anyone so much as gets a scratch can sue him for however much they, and the attorneys, can squeeze out of him. :sarcasm:

Oneshooter
Armed and Livin in Texas

[safeinOhio]

5. YOU can sue for anything.

Winning is a different story. I support the right to a jury trial for anything. Of course you may be responsible for cost.

[Euromutt]

6. Well, that's exactly the problem with civil litigation in America, isn't it?

Overall, both at the federal and state level, the U.S. isn't a "loser pays" system; the reason so many defendants settle out of court is not because they wouldn't win in court, but because going to court would cost them more in legal bills (which they can't recoup form the plaintiff even if they win) than they would in paying the plaintiff to go away.

In frivolous lawsuits like this one, the plaintiff has no intention of letting the matter go to trial, because that might result in his having to pay court costs; what he's hoping for is that the defendant will cut his losses by settling out of court. Get yourself some sleazy lawyer who works for a percentage of the settlement, and it won't cost you a dime.

If there's one thing I'd change about the American legal system, it would be to introduce a "loser pays the winner's legal bills" system. The savings on doctors' malpractice insurance alone would severely cut the cost of health care.

[one-eyed fat man]

7. No doubt America is "over-lawyered!"

Within a few decades after the American Revolution, lawyers discovered they could make careers of being legislators. Concomitantly, most states had laws against dueling by 1820.

As it happens, dueling has a lot to recommend it as a means of handling interpersonal disputes. There is a certain elegance in dueling. With a formal challenge to a duel, some folks might reconsider or apologize.

With a duel, when it's over, you are either eminently pleased with the result or not in a position to bitch.

As dueling lost favor and legal status, lawyers were handily positioned to profit financially in a never ending series of suits, appeals and counter suits. Both parties pay their lawyers until they run out of money. Nothing is resolved, both parties are broke, but the lawyers are happy and laughing all the way to the bank. Those poltroons will never yield to a system by where the loser pays.

[spin]

10. The problem is getting the politicians we elect, ...

many of whom are lawyers, to change the law.

[safeinOhio]

9. Pain and suffering are capped in both

Ohio and Texas. In both cases, rates you pay have gone up, while doctors rates have gone down and insurance companies profits have sky rocketed. If the doctor screws up and cuts off YOUR balls, what's it worth?

[one-eyed fat man]

11. Any time a lawyer and insurance agent meet

They should kiss each other full on the lips!

You buy insurance because you are afraid of getting sued by some damn lawyer.

The insurance man always sells you enough to make sure you will be.

[oneshooter]

8. I guess you don't care for the law in Texas. n/t